Murder charge dismissed in Monroe man's death in N.J.

A murder charge against Edward Mundt of New Jersey, accused of killing John E. Mitchell of Saylorsburg in New Jersey in 2006, has been dismissed without prejudice.

ANDREW SCOTT

TANNERSVILLE — It was bad enough when the family of John Edward "Johnny" Mitchell of Saylorsburg learned he had been found murdered in Sussex County, N.J., in June 2006.

Now, to make it worse, a murder charge filed against Edward Mundt of Elmwood Park, N.J., has been dismissed without prejudice. This means Mundt can be charged again if new evidence is found, but the family isn't hopeful.

The murder charge was dismissed Thursday after Sussex County Medical Examiner Margaret Prial in her autopsy findings changed the cause and manner of Mitchell's death to "undetermined."

Mundt faces other charges, including unlawfully moving, disturbing or concealing human remains and hindering apprehension, for which he is scheduled for trial in September.

"So now the man who murdered our son gets to walk free in six years" if convicted on the other charges, Mitchell's father, John Mitchell, said Friday at his Tannersville home. "And all because the coroner screwed up."

A working member of Local No. 1 Elevator Constructors Union in New York City, Mitchell, 30, was reported missing after leaving home for work on June 7, 2006.

Nine days later, a road crew found his body off Route 667 in Vernon, N.J. He had been bound with a black nylon strap around his feet, a plastic bag over his head had been secured around his neck with packing tape and he had been wrapped in a comforter and pillow case, police said.

Police believe Mitchell had been in the company of Mundt, whom he met through his job, and that something happened between the two to cause Mundt to kill him and then dump the body, Mitchell's family said.

Prial initially ruled the cause of death as asphyxiation and the manner of death as homicide, after which police charged Mundt. But, Mundt's defense attorney later hired Maryland doctor John Adams who disputed Prial's findings, saying it appeared Mitchell used cocaine prior to his death and that he was wrapped and the bag placed over his head after he died.

After reviewing Adams' report, Prial changed her findings. The Sussex County Prosecutor's Office then dismissed the murder charge after showing Adams' report to the Warren County medical examiner, who also agreed with most of the findings.

Prial's office did not return a phone call Friday seeking comment.

"(The Prosecutor's Office is) saying it doesn't look like they're going to find any new evidence to reinstate the murder charge against Mundt," Patricia Mitchell said.

Now, the family must find a way to explain this to Johnny Mitchell's and his widow's children, ages 11, 9 and 7.

At least, the children can have fond memories of their father, who had a passion for music and songwriting and was active in school and community league sports. Mitchell also was part of a student diversity program at his alma mater, Pocono Mountain High School East.

But, the kind, friendly, light-hearted man with the infectious laugh also had troubles, which family members believe began with the Sept. 11, 2001, terrorist attacks. Mitchell was at his elevator construction job near the World Trade Center that day and was traumatized after witnessing the horrific death and destruction.

"He was never the same after that," John Mitchell said.

On top of that, a work-related injury later robbed Johnny Mitchell of the use of his arm. This injury limited him to operating an elevator, a job reserved for the elderly and disabled. For Mitchell, who was used to hard physical work, the blow was psychological as well as physical.

By early 2006 he had been laid off and was using cocaine with acquaintances including Mundt, but avoided trouble with the law and never brought drugs near his family, the Mitchells said. He and Mundt later went through a drug rehabilitation program together, the family said.

"But, the pain of his arm injury and then not having a job, wondering how to provide for his children, all just got to be too much and he ended up back on drugs again," Patricia Mitchell said. "But even through all that pain, he was still the Johnny we always loved."

Now, the family has to deal with the loss and try to balance a tragic end to a good life with happier memories.

"Johnny always tried so hard to be good, despite everything that happened to him," John Mitchell said.